HomeMy WebLinkAbout1977 06-08 Public Notices: Ordinance No.415 Mineral Extraction THE REVIEW v 017€ 1, 19')')
ORDINANCE NO.415
MINERAL EXTRACTION ORDINANCE
An ordinance licensing and regulating the removal 01
sand, per in the pub1
City a Maty,and Minnesota, fesrequiring a Permit for
said activity,and provi0irg tor revs and guarantees,
and prescribing penalties Mr vloMtIOn same.
THE COUNCILM OF THE CITY OF APLEWOOD
HEREBY ORDAINS AS FOLLOWS,
SMIm 1.The Zoning Code of the City 7,Maplewood Is
S
hereby amended by adding Stolon 917,as follows: PEM
l Rliler
917.010.PURPOSE AND INTENT.The purposesminenlexttaclim permit shall be processetl in
q
this ordinance are:To provide for the economical accordance with the same procedures specified in
availability of sand,gravel,rock,soil end otter Seaton 511 of the Maplewoed Municipal Code;
materials netted for continued growth or the region and 7.An application for a mineral extraction permit shall
the City of Maplewood;to establish reasonable and contain:
uniform limitations,safeguards,and controls for the A.The name and addrerS of the operator and owner of
future ductIOn Of Said minerals;to control the effect the land:
d mining mining operation upon adjacent property and B.The correct legal description of the property where
other areas ofthe City;to provide for the restoration of the extraction is proposed to occur;
the mining Operation and mining area during and after C.A certified abstract listing the names of all land
termination of the removal operation;to provide for Me owners owning Property within one.haif mile of the
Osequent usegramined area in accordance with the boundary of the property described above;
comprehensive Plan;to control and minimise pollution D.Specifications of the following using appropriate
caused by erosion or sedimentation,all in furtherance mage,photographs end surveys:
of the health,safety and general welfare of the citizens I.The physical relationshipthe proposed mining
q the City 0,Maplewood Mlnoesota. ea to the community and existing and future coni.
917.OMI.RELATIONSHIP TO ZONING ORDINANCE. mo Site
development;
Thea wdinenoe shah apply 10 areas within the City et Ia Site topography and nature)features Including
Maplewood in which the removal of minerals Including location or water courses and wafer bodies;
sand and gravel is a permitted or specie)use.The ill.The quality and quantity q minerals to be ex-
standards and requirements set by this ordinance shall a vat Th
r V.The depth ethe water tables overburden
Mee area
govern the taction,renewal end termination tc the bj The average thickness 01 overburden in the area
mineral1.02.DEFINITIONS.
permit required by Section 911.010. cabled to purpose
extraction.
917.070.DEFINITIONS. F.The purpose ed the Operation:
I.Oust sr alnbOrne Inorganic particulate matter F.The estimatedr
time required to complete the
otter xtrn smoke; operation;.The
2.Extraction 0gn per05 thi permit—the permit required G.do plan of thanoperation,dire including ends em(any
Dy.Miner ls—Ito17.040 q this ois material
operation other than dined mining,lood removal)._
en the 3l ding bet—noninodl lac glento in andhe earth plantnaturesource
the ctprocessinger, and of to,anon of thf
which
bet not limited send,rb gravel,rock and soil, want,source,l water,disposal or water,and reuse,f
r 4.cn mayg r xtractio by overburden, water;
d.Miingora%traction—the removal and processing H.Travel ns for dand from the site;
menials;. 1.The plans for drainage,, ted and watererosionol
5.Overburden—Mose materials whicera) lie between control,site gy security, analyzing sedimentation
structure,
andt dust soils
and the surface of the eared and the mineral deposit 10 be lJ.a aA geology report s tooldeier e appr,rolls pens
miner); of the pr seolerdon determine apaopofrmeto
b.Rehabilitation whlo—tcrm at to aseff entlguusiland of the tproposedoperusensswell as suitability of site to
uses,les tprm int welch iu e,in aicordanch cgdh the lana support ehabilit do ups;
rd present andifuture,in accordance with the sten- K.nA rehabilitation rehabilitation
plan on all
ex tor the orderly end
dards Topsoil ro norm Ia thispot on of thee; Mntin all illustr i e use gf all excavated Olog Such
1. h—that pertimgtnd overburden grow lies man shall illustrate the using appropriate photographs,
vegetation.
Meearth's surface and supports Me growth of maps and otours, following:
vm7.40. I.The contour of land prior to excavation,atter
of
9heere0.hereinafter
vi EXTRACTION this ION Pn it Except completion of excavation and after completion q
as awfutOr a provided in this Ordinance,tit shall tio bf rehabilitation;
IIThose
per
unlawful for any operator ro engage in theextraction of 1I.it d overburden:r the site to be used for stomp¢of
minerals without having first Obtained to Ill and schedule
from the City q PTIONS.T eritg the same. III.A s<nedr h setting forth the timetable for ex-
The
9a0sEXCEPTIONS.The permitntrequirements xtracti and lily; nation q land lying within Me
established. n this ordinance nece!shell apply to: extraction facility;
1.Emergency work icy ork to preservermne or IVsc The slope all pandslopes a after y of bi s and e
this cWhen emergency work is it hallrep under description q the type and conducted: q plantings where
Leis anensection,fthe operator to performingworkto shall report the eV. hetim is t0 be conducted:
pertinent facts relatingncthe work to ra City Manager f V.The criteria and wellstandords to be used to achieve
prior to the commencement me a the extraction.The City final Apr rehabilitation of as well as all a for a stabilization.eriodoto
an
Managershallexists
and factslland w itten mem memorandum
30 Approvalsuch plan shall for b period not to
emergency me shall t e written cy exception. year
riiod years andtshallAberailrenewablepinfor a neral
An opera commencement of ergecy work shall
extraction
peon w l thereafter.edn y the
overall plan for mineral
10 follcommencingmencmenwortshallwithin a 4.Imipl willat reviewed the oyMe C ata shall).
apply days fthe issu the t mmerlcemmt er iitand
n onn fhe 1. sof renewable nf antl overall Plan shall re by
rmits.
ance the issuance q anextractiontlenpeorm snwork nsgose of le anenewa ler permit is to assure tier mined tohbll tbeo sonable to perform such work The purpose the o g renewable permit is ar
any environmental
tont l reasonable necessary one to correct compliancetiMewithithe lodrange overallplanacand to
Ti Cita l impairment occasionedicut by such retain Ms ability tod ihmodify existing hore attached new
work.The City Managersimilar
may also autcesiar en conditions or iniaccord with changing characierirtice q
emergency exception rot similar aactions mineral the site m nn aurrounct
treseone ee or property relative ror neral i 5.The mineralthis
ordinance
extraction permit a may be ionsofterminated
traction operationt a processing a valid permit.If nstien forit.eori oit may beter any conditions q y
contrary to the the existing permit or sons hea at. permit.No permit may be ring io dee until the City
Manedthereto my.ison review
our eatery tears the City Come has hhlal public minate, t time the
an
Manager may.upon review q Perrinmr facts amreor(ie the permit llshall ff ftorded
ar which time the
emergency now corm. operator anon be CityrCou Councilopportunity
tocontest Operatorstermimay resu l ti in ca automatic air itimay c and for uch operations,this nbuts iliires a whmh at tar complied rim,will n per i ora given
day01 they coMinpe ate f Onoin but shell e terenov51amin or either the overall plan permit or a given
days ca the foreffectivep date a this to ppnte Shan make a hell bet nl wctim Permit'
applicationta for a permit.Failure in applyceor a permit t.It sten be hSs to minaf d pynsl pursuant
this
shall n ponhowever,onbeenrequest ia)cause,application
aliofo Manager may extend the section•
time for inCATOFOO roCE
917.060 APPLICATION FOR AND PROCESSING OF
5.Operating Standards:
A.Noise—the maximum noise level at the perimeter
of the Site shall be within the Omits set by the Mimesota
Pollution Control Agency and the Environmental
•�� Protection Agency of the United States;
B.Hours—mining operations shall not commence
before 7 A.M.nor continue after 7 P.M.
(v"
�k notices
Ori c w s C Explosives—Me use and Candling of explosives
vu shall be reviewed and approved by Me Public Safety
Department. Blasting Shall occur only at hours
specified in the permit and at no other time;
D.Dust—operators shall utilize all practical means
to reduce the amount M dust caused by the operation.In
no case shall the amount of dust or other articulate
7.Renewal permits.Request for renewal of the matter exceed the standards estebllshed by the MM.
permit Shall be made sixty days prior to the expirationa esota Pollution Control Agency;
date.If application for renewal IS not made within the E.Water Pollution—operators shall comply with all
required time,all operations shall be terminated,and applicable Ramsey County,Minnesota Pollution
reinstatement of the permit may be granted only upon Control Agency regulations end Federal and En.
compliance with the procedures sed forth herein for an virol Protection Agency regulations for the
Original application. protection of water quality. No waste products or
B.Conditions:An extraction permit may be approved process residue,including untreated wash water,shall
addenewed subject to compliance with conditions in be deposited in any lake,stream or natural drainage
ition to those set forth in this ordinance when such system;
conditions arertable and necessary to insure F.Top Soil Preservation—all top soil shall be
compliance with so
thrthe requirements and purpose of this retained at the site until complete rehabilitation of the
ordinance.When Such conditions are established,they site has taken place according to the rehabilitation plan.
shell be set forth specifically in the permit.Conditions 6.Rehabilitation Standards:
may,among other matters,limit the size,kind Or A.Rehabilitation shall be a continuing operation
character of the proposed operation,require the non- occurring as quickly as possible after the mining
siruction of structures,require the staging of extraction operation has moved sufficiently into another part of the
over time,require the alteration of the site design t0 extraction site;
insure compliance with the and b standards,require the B.Stypes—all banks and slopes shall be left in ac-
provision of a performance bond by the operator to cordamewith the rehabilitation pation snipes shah the
insure compliance with these regulations or other permit application.No rehabilitation slopes Shall be
similar requirements. steeper than five feel horizontal t0 one foot vertical,
9.Neither the issuance of a permit my compliance except that steeper slopes maybe permitted in
with the conditions thereof,nor with the provisions of c¢with the rehabilitation plan when said slopes
this ordinance shall relieve any person from any are
e plplanned for approved recreational uses, for
responsibility otherwise imposed by law for damage to example,ski hills and sliding hills;
persons or property;nor shall the issuance of any C.Cover and Planting—slopes,graded areas,and
permit hereunder serve to impose any liability on the backfilled areas Shall be Surfaced with at Ieaat three
City of Maplewood,its officers or employees for any inches of topsoil and planted with ground cover suf.
injury or damage to persons or property.A permit 'Brien%to hold Me soli.Such ground cover Shall be
issued pursuant to this ordinance does not relieve the tended as necessery until It is selt.sustained;
Permit.of the hepesibility of securing and co D.Water Bodies—all water areas resulting from
plying with other oerr permit which maybe required by excavation shelf be ated upon rehabilitation of
any other law,ordinance or regulation. the site.In unique Instances where the City Council has
911.010.STANDARDS reviewed proposals for water bodies at the time of
1.The extractien site shall consist W at least ten acres approval of the overall plan and has determined that
contiguous contiguous to existing permitted mining such would be appropriate as n open space Or
operation. creational amenity in subsequentreuse of the site
1.Operation shall not be conducted within: water bodies may be permitted;
A.Fifty feet of an existing street or highway; E.Final Elevation—no art of the rehabilitation area
B.Thirty feet of Me right of way of an existing public which is planned for Utilization for uses other than open
utility; space or agriculture shall be at any elevation Inver than
C.Fifty feet of the boundary of any zone where such the minimum required for gravity cOmection to
operations are not permitted; sanitary storm sewer.
D. Thirty feet of Me boundary of an adjoining 911.090.FEES AND EVIDENCES OF FINANCIAL
property not in mining use. RESPONSIBILITY
3.Fencing—During operations,any area where l-Fees—A schedule of hes for the examination an0
collections of water are one and°net,elf feet in depth or aaroval and applications for mineral extraction
more or whet.encevatlon at,are steeper than one permits and the inspection of mineral of thisebn
foot vertical to one and Onedhalf feet horizontal and any operations tar compliance with cbmiti0M Mis or
other areas where obvious danger to the„tali.shall be tlinance and the permit shall be determinedtby
fencedwhen euchasltuatlon has existed or will exist for resolutionol the Ciry council,whim may iromtimeto
e period of five working days or longer.The City rime mange such schetltle.Pinar to the approval and
Engineer shall review such fencing t0 assure its issuance or renewal M any mineral extdection permit,
adequacy.He may waive this requirement Or require such fees shatoenel be r.tonne City antlbedapesitedfo Me
additional measures based on his judgment and Me <2,P the general Bond o
characteristics Of the particular instances. AS an 1.Performance Prior o or and issirrevouance
Letter of i Credit
A. n y theen t, horel and a anytamineral
alternative the City Engineerxcimat require perimeter operapermit,there should be executed by the
fencing M ran Mnd extraction SIM. operatorme andtosubmitted ttsu to the Citym Managerveman
A.Appearancey and be screening. dedicate t properlyct
such rimprovements,t0
A.machinery shall kepi In good repair em Deemed dedicate such property oa easements,een gr too.Such
regularly; wirewcnt conditions accompanied mpyhavebeend with urtycr
B. Abenoth mae ineryregUl end rubbish shall be condemn arc pt be LMe bond with or
removed fromuthe Site ave net b condition acceptable to theCityf complying
in the amount
C.Ay year
Shall b Mat nava not been i e;tOf a WOO m the established [osis of complying with the
nope veer shall be removed from Mesita: agreement:
D.All equipment and temperery Structured shall be B.The aforesaid agreement bond or letter 01 credit
removed or dismantled n0t later than six months after shell be provided for guaranteeingsforth cothe it
pliance with the conditions ser in the permit
Permit;
termination of mining operation or expiration m this within e time adequacy,
to y,approvedinion by the City acceptability
Council;
permit; C.Taeetter of
sit eand shall Bete ofany
at Where llpractical, screen
h of overburden sand bonder letter on credit hereunder shall be determined
materiels Telserimeteuof the minim the mull a site;lby the CayManager.
ton
F.Theperimeterowen mining siteshallpytheCted ty ].Opeharmless
shall furnish Cityof Maplewoodapproval
valof
Otherwisescreenedbe cewhosato istletenmined0ythe City "holdtheAttorney ashall subject to evidence
of o.
Council to be enecessary;and
the City ner and mat endCom.ExistingllbepreservedprehensionGeneral
least Au,0mob0, 0 ily
Setheve ou feasibtr,nspintaing o d ire s,smenfednd with limits p at m damage
liability
w bodilyh
other
cutting,transplanting a 11 of trees,shrubs and injury n and 100(00 shown
tla mage ivailiry u with the
other grountl cover along all set back areas. City of Maplewood shown as an additional insured for
this.00.vAL.
91se90. Wsentence Ttellpity of anywont,aNtion,
claima paragraph,naopert or of
of art
ordinance ire nanc not i checa Me Oven
a oe any t other part
in thisirordinance which can be given affect without such
Solid part or parts.
Section This Ordinance shall take effect am be
enforcedupon City
and fpublication.
Passedof by the Ciry Council2of the
City of Maplewood,this 19th day
of April,1911,
Robert T. utes
Mayor
Ayes—a Mayor Bruton, Councilmen Anrkrson,
Murdock and uniegecpertl
Nays—1(Councilman Greavu)
Attest:Cuciucille E.Aurelius
Clerk
(Review:June B,191))